Last updated: December 1, 2020
This agreement is in effect as of Dec 1, 2020
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Terms of our Subscribe and Save (ask VIP Club) Program
If you select "Subscribe & Save" you understand that you have opted in for recurring shipments & your card will be charged based on the frequency you selected on the respective product page(s). You can edit, pause or cancel your subscription at any time. Recurring charges do not apply to orders that have selected "One-time Purchase".
We require a minimum of 2 cycles before we can cancel your subscription.
We are happy to cancel any individual subscription order for you, provided the request is received at least 48 hours prior to your order being processed.
Due to the expedited shipping that VIP members receive, individual VIP Club orders are unable to be cancelled after they have already been charged. If you do not request to cancel 48 hours in advance, your order will ship as usual; but we will gladly accept the order back at our headquarters, should you wish to return it. Once received in our hands, we will issue you a full refund, less shipping, for all unopened and unused products. You may request to cancel an upcoming VIP Club order by emailing email@example.com.
If you'd like to return your order, please follow the instructions found here.
Terms of Inner Circle Membership
The Inner Circle is a service-based offer from Naturalicious, designed to help clients grow mentally, financially, health-wise and in their overall confidence. Inner Circle Members receive a plethora of ongoing support in these areas via guest speakers, guest coaches, online and offline events. Inner Circle Members also receive a number of Naturalicious perks and special offers as long as they are active members who are current on their membership payments.
By signing up and paying for Inner Circle member, you understand that any previous Inner Circle charges, whether monthly, quarterly, or annual, cannot be refunded prior to the date Naturalicious receives a request to cancel membership. Upon the date the request to cancel an Inner Circle Membership is received, any scheduled future charges will be stopped. Members who cancel their membership will be have access to all Inner Circle-related benefits, activities, perks and platforms until the end of the term they paid for.
If a current member's card is declined, Naturalicious will be several attempts to recharge the card automatically. If that is unsuccessful, Naturalicious will be several attempts to contact the member in order to re-instate with account. Should Naturalicious be unable to receive payment with 7 days of a declined membership, the member will be cancelled from Inner Circle, future charges will be cancelled and the member will be immediately removed from all Inner Circle-related benefits, activities, perks and platforms.
Should a previous member wish to return to the Inner Circle, their membership fee will be the current rate being charged for the Inner Circle, which may or may not be the rate they paid when they originally joined.
Naturalicious, the Inner Circle and any entity or person associated with these organizations are not medical professionals, nor are they financial professionals, attorneys or accountants of any kind. Current, previous and future members of the Inner Circle should always consult their medical professional before engaging in any medical or health advice provided. Similarly, current, previous and future members of the Inner Circle should always consult their financial professional before engaging in any financial advice provided. By participating in the Inner Circle, you agree to hold Naturalicious, it's affiliates and assigns harmless from any ramifications, financial, medical or otherwise, that occur as a result of acting on information provided by the Inner Circle.
Terms of Shipping
You understand shipping times are an estimate & may be subject to USPS delays. Naturalicious is not responsible for delayed shipping on the part of USPS and is unable to provide full or partial refunds for shipping that is due to an error or delay on the courier's part.
Incorrect Shipping Address Policy
1). The purchaser is responsible for providing the correct mailing address. Before finalizing your order, be certain your shipping address is correct.
2). We are not responsible for goods delivered to the wrong address input at the time of ordering.
3). If you happen to notice that you entered the wrong address, you can email us at firstname.lastname@example.org with the correct shipping address before your shipping label is created.
4). Once your shipping label is created, we will not be responsible for the incorrect address & the subsequent delivery.
Returned to Sender Policy
1). If a package is returned to Naturalicious due to an incorrect or incomplete shipping address provided by a customer, or if the customer was not home for delivery, the customer will be responsible for the return shipping cost, as well as, any additional delivery cost.
2). Naturalicious is not responsible for packages delivered incorrectly or lost due to incorrect or incomplete shipping information provided by a customer.
3). No refunds will be provided if any part of the address is incorrect.
Lost or Stolen Package Policy
We are so sorry to hear that your Naturalicious package has been either lost or stolen. Please see below:
1). Naturalicious is not responsible for lost or stolen packages that have a confirmed delivery to the address entered for an order.
2). Upon customer inquiry, Naturalicious will confirm delivery to the provided address, date of delivery, as well as, tracking & shipping carrier information for the customer to investigate.
3). If after the customer has directly contacted the carrier, and the carrier is unable to locate the missing package, please contact us at email@example.com with the case number provided from the carrier and we will further assist.
Damaged Order Policy
If your product arrived damaged, we are so sorry about that! Please send an email with a photo of your damaged products to firstname.lastname@example.org and we will send you a new product, on us.
Responsible Use and Conduct
By accessing www.naturalicious.net , you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You understand that, except for information, products or services clearly identified as being supplied by, www.naturalicious.net does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.naturalicious.net – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Naturalicious.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
You also understand that www.naturalicious.net cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. www.naturalicious.net provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any information or service provided through the internet or www.naturalicious.net shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any naturalicious.net employees or representatives.
We have the right, at our sole discretion, to remove any content that, we feel, in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Naturalicious, Inc and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
a. The materials on Naturalicious’s web site are provided “as is”. www.naturalicious.net makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, www.naturalicious.net does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the service or on the internet generally. www.naturalicious.net does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
b. You understand further that the pure nature of the internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. www.naturalicious.net has no control or affiliation whatsoever for such materials.
You are responsible for the use of this website. You may not use the site that may damage or impair our servers. You may not gain access to our network. By using this site, you agree that you will not modify, copy, reformat or alter this site in any way.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Naturalicious, Inc or through any Resources we provide, shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Naturalicious, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
In no event will www.naturalicious.net be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for less of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. even if www.naturalicious.net or its authorized representatives have been advices of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, www.naturalicious.net liability is limited to the greatest extent permitted by law.
www.naturalicious.net makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-www.naturalicious.net web site, please understand that it is independent from Naturalicious, and that www.naturalicious.net has no control over the content on that web site. In addition, a link to a www.naturalicious.net web site does not mean that www.naturalicious.net endorses or accepts any responsibility for the content, or the use, of such web site.
The materials appearing on the www.naturalicious.net web site could include technical, typographical, or photographic errors. www.naturalicious.net does not warrant that any of the materials on its web site are accurate, complete, or current. www.naturalicious.net may make changes to the materials contained on its web site at any time without notice. www.naturalicious.net does not, however, make any commitment to update the materials.
All content and materials available on naturalicious.net, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Naturalicious, Inc, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Naturalicious, Inc.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Links to third party websites
Promotions and giveaways
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
Procedure for reporting copyright infringements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of the copyrighted works claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit push to locate the material;
- Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address;
- A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Naturalicious’s policy to:
- to remove or disable access to the infringing material;
- to notify the user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and will terminate such user’s access to the website and service.
You agree to indemnify, defend and hold harmless Naturalicious, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights
The provisions of paragraphs 1 (Use of Site), and 11 (Indemnification) are for the benefit of www.naturalicious.net and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
480 N. Canton Ctr Rd #87622
Canton MI 48187
This website is controlled by Naturalicious, Inc from our offices located in the state of MI, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of MI, by accessing our website, you agree that the statutes and laws of MI, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, MI. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Refund Policy. We offer an unprecedented power guarantee: If you don't love our products, send them back within 60 days in the original container(s) and we'll refund 100% of the product purchase PLUS we'll buy you a competitor's product of equal or lesser price.
We are so completely confident in the effectiveness and benefits of our products that we will accept any item back within 60 days of purchase for a full refund of the product purchase price, excluding the original shipping. So, feel free to have your way with our products. We know you'll love them. However, in the rare event that you don't love them and you wish to return your items, please email us in order to process a return.
Because we offer to cover both the cost and shipping of replacing any returned products with a competitor's product, customers are responsible for the cost of shipping their returns or exchanges back to us.
We must receive the original packaging and product (at least half full) within 60 calendar days of original purchase in order to process your refund. Customers are responsible for ensuring their returns are received by Naturalicious within the 60 day return period. Without exception, returns received after 60 days will not be refunded. Please note that regardless of when a return request is submitted below, if the returned item(s) are not received within the 60 day period, the return will not be honored.
Refunds are typically processed within 10 business days of Naturalicious receiving returned product(s). Replacement brand products must be equal to or less than the amount of the product(s) you paid to Naturalicious; and are typically shipped out within 30 business days of us processing the refund. Please note: We will purchase one replacement for you. The credit available to use for your one replacement item is inclusive of shipping from the competing brand to your address. Please take this into consideration when requesting the replacement product of your choice.
You must notify us of the replacement item you'd like at the time of submitting your refund request. We cannot honor replacement product requests past this time. You may submit one item you’d like us to purchase for you in the "Customer Note" section of your return request, which you may begin by entering your information in the boxes below. It is the customer's responsibility to proactively communicate to us the item they'd like us to purchase for them. Please be aware that if you request more than one item, we will select only one of them, by random choice, at our discretion, to ship to you. Due to the large volume of orders we process daily, we are unable to contact you after your request is submitted to confirm exactly which one, of potentially many, items you'd like. Because of this, please be certain to enter the one item you truly wish to receive. While we are happy to purchase a replacement product for you as our policy suggests, we do not reimburse for replacement products you may have already purchased yourself. Any replacement item you'd like must be paid for by us directly and we will have it shipped to you. We are not responsible for the shipment tracking of replacement brand products, nor are we responsible if your replacement brand product(s) gets lost, damaged or stolen in transit or upon arrival to your address on file. Any issues with your replacement item's delivery should be addressed to the brand from which you selected replacement items.
This return policy is applicable to items purchased only at www.naturalicious.net. We are not affiliated with or responsible for the return policy of other retailers, including those online and offline. Any items you wish to return that were not purchased via www.naturalicious.net must be returned to the retailer from which you originally purchased them. Any questions about another retailer's return policy should be directed to the retailer from where you originally purchased. We are unable to accept returns from other retailers and the return policy found at www.naturalicious.net will not be applicable to items purchased from other retailers. Customers receive a competitors' product as replacement (as mentioned above) only if they originally purchased via www.naturalicious.net.
Liability. Every effort has been made to accurately present information, resources, programs and their potential. Any testimonials or examples of actual results can be verified upon request. The testimonials and examples used don’t apply to the average attendee/client/purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire, and motivation. As with any endeavor, there is an inherent risk and there is no guarantee that you will see immediate or favorable results. This site has been created as a resource to aid in the process of personal branding and is not inclusive of all possible techniques and strategies. Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
Copyrights. This Web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.
License. All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Our company reserves all rights not expressly granted here.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Canton, Michigan before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Naturalicious’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
UNLESS OTHERWISE EXPRESSED, NATURALICIOUS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these, our Terms of Service as outlined above, you can contact us at:
480 N Canton Ctr Rd #87622
Canton MI 48187